Broadcasting Act 1989

Electoral broadcasting - Funding for election programmes and election advertisements in relation to general election

80: Electoral Commission may vary allocation

You could also call this:

"The Electoral Commission can change how much money a party gets for an election."

The Electoral Commission can change a decision about how much money a party gets if the party does not accept the money. You can also see this in section 79. The Commission can change the decision if the party is no longer registered or if it fails to give a list of candidates. The Electoral Commission can change a decision if a party fails to follow the rules. You can read more about these rules in section 79(1)‎(b). The Commission can also change a decision if there is a big change in how parties work together. When the Electoral Commission changes a decision, it must think about what parties said during consultations, as outlined in section 77. It must also consider the matters in sections 78 and 79(3). The Commission cannot change a decision if the party has already spent the money, unless the party's registration is cancelled under section 70 of the Electoral Act 1993. The Electoral Commission can change a decision if the party secretary fails to submit a list of candidates under section 127 of the Electoral Act 1993. You can find more information about this in the Electoral Act 1993. The Electoral Commission has the power to make these changes to ensure fair elections.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM158909.

Topics:

Government and voting > Elections

79D: Returns to be available for public inspection, or

"Election programme returns are available for public viewing"

80A: How allocation may be used, or

"How to use money for election programmes and ads"

Part 6Electoral broadcasting
Funding for election programmes and election advertisements in relation to general election

80Electoral Commission may vary allocation

The Electoral Commission may vary a decision made under section 79 if a party to which an amount of money is allocated—
does not accept that allocation; or
ceases to be registered; or
fails to submit a list of candidates for election under section 127 of the Electoral Act 1993; or
fails to comply with any conditions imposed by the Electoral Commission under section 79(1)(b).

The Electoral Commission may also vary a decision made under section 79 if there has been a significant change in the relationship between a party that has received an allocation of money and any other party.
The Electoral Commission may vary a decision made under section 79 without affording to any party the opportunity to—
meet with the Electoral Commission; or
comment on the proposed variation.

In varying a decision made under section 79, the Electoral Commission must have regard to—
the views of parties received in the course of consultations undertaken in accordance with section 77; and
the matters specified in sections 78 and 79(3).

If an allocation of money made to a party has been spent (in whole or in part), the Electoral Commission must not vary that allocation unless—
the registration of the party is cancelled under section 70 of the Electoral Act 1993; or
the party secretary has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993.

Compare

s 76A

Notes

Section 80: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).